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State v Bagaga - Judgment [2015] FJHC 126; HAC157.2013S (26 February 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 157 OF 2013S

STATE

vs

TOMASI BAGAGA

Counsels : Ms. A. Vavadakua and Ms. V. Prasad for State
Mr. J. Savou for Accused
Hearings : 24 and 25 February, 2015
Summing Up : 26 February, 2015
Judgment : 26 February, 2015

JUDGMENT

1. The three assessors have returned with a unanimous guilty verdict against the accused for cultivating, without lawful authority, 5.5 kg of marijuana plants (cannabis sativa), on 16.12.12 at Naitasiri in the Central Division.
   
2. Obviously, the three assessors have accepted the prosecution's version of events. They have found that the prosecution had proven the accused's guilty beyond a reasonable doubt.
   
3. I have reviewed the evidence called in the trial and I have directed myself in accordance with the Summing Up I gave the assessors today.
   
4. The three assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.
   
5. I accept the three assessors' unanimous opinion. I agree with them. I find the prosecution witnesses' evidence credible and I find as a matter of fact that the accused was cultivating illicit drugs (cannabis sativa) on 16.12.12, at Naitasiri, without lawful authority. I find him guilty as charged and I convict him accordingly.
   
6. Assessors thanked and released.
   

Salesi Temo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Suva.
Solicitor for Accused : Legal Aid Commission, Suva.